Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-04-27

APRIL II, ]
TRYING THE SUNDAY CASES.
Judge Smell Commits the Defendants
In Default OF Fine.
WRIT OF HABEAs CORPUS 1ssuED-rHE LAW no BIZ
TESTED IN THE UPPER coURr-THR QUESTION OF
THE MEANING OF SABBATH" RAIsED-JUDGE SMELL
HOLDS THAT IT MEANS SUNDAY.
To-day was SUNDAY law" day in the Police
court. Ihls was the day to which the cases
against various merchants charged with keeping
open their places OF business on Sunday, the 18th
inst, Were referred. The cases taken DIP were
rapidly disposed OF, the defense did not dispute
the fact OF selling on Sunday.
THE FIRST CASE CALLED
was that OF Harry Standiford, the druggist, 9th
anu streetS The information charged Mr..
Standlford with keeping open on the 18th inst,
ana that he ''did then and there sell cigars, the
sald oay being the Sabbath, contrary to, and in
violation OF, an ordnance OF the late mayor board
ol aldermen, and board of common council of the
late corporation Of Washington, entitled AN act
10 prevent violations OF the Sabbath, passed De-
cember, 1864"
Messra Moore and Elliott counsel for the defen-
a to the suffictency of the tnforma-
Police Officer Byrnes testifed to seeing sales of
cigars made at the store. There was no defense
ond sentenced the defendant to SEQ ne
ana In deiault thirty days in the wOrkhouse.
MT Padgett attorney for the District, explained
thaI ne understood that counsel had arranged to
the law. By direction of the court the record was
ma0e 10 appear that Mr.. StandifOrd had been
nn1 10 tne custody OF the intendant OF the
Molknouse. Mr.. Stamford was, however, only
constructively committed to such custody, as he
was permitted to go off with his counsel to get the
Similar cases against Druoptsts r y noo,ev
II W. Schou and L. G. DeMo1 were continued.
THE CASE OF GEO. W. COCHRAN.
charged With selling cigars at his branch store on
9th street, was next called. Officer Byrnes testi-
ned That the place was open and sales were made
Judge Smell imposed the same sentence as in the
case OF Mr.. StandifOrd and then suspended its eX-
ecuMon The case OF B. +. Queen, OF the National
HOTEL cigar stand, will be called Saturday.
NEW LINE OF DEFENSE
was raised In the next and last case called to-day
That was the case Of Jno. l. Hail. grocer of South
washington. As in the other cases police officer
testified that the store was open for business
Mr. CampDel! Darlington, counsel for the defend
ant, did not deny this.
=, The defendant" he said els charged with vio-
latlng the Sabbath day. The law uses the lam
guage SaDbath day, &c The facts show that the
deIendaDCS place OF business was open on Sunday
the Sabbath.
SUNDAY AND THE SABBATH NOT SYNONYMOUS.
''The points raised are: First. Are the Sabbath
and sunday the same day OF the week?"
"What does Webster say about the two words?
asked Judge Snen
"He says they are not SYNONYMOUS your honor,n
said Mr.. Darlington.
Then. proceeding with his points Mr.. Carrinpton
continued: second. Is it lawful for man to keep
open his place OF busines on Sunday the first day
OF the week? In the first place, sunday is the
first day OF the week, and the Sabbath is the
seventh: The law Of the District and the infor-
nation IN the case relates 10 only one day; speci-
week; therefore a defendant, under the law. can
not De legally held for violating the first day Of the
week, as the facts in this case show that the de-
fendant did, II he violated any.
"In the second place there is no Divine command
for Sunday observance. Christ never changed the
Sabbath to Sunday. He never observed sunday as
the Sabbath. The apostles never kept Sunday for
the Sabbath. The word Sunday never occurred in
the Bible. God commands men to work on the
self and rested on the seventh day. Christ was a
carpenter and worked while at his trade six days
OF the week."
"And never struck, intertected Mr.. Padeett.
"He did many hard days work on Sunday"
continued Mr. Darlington. ''The New Testament
is totally silent with regard to any change OF the
Sabbath day or sacredness of the first day" MT.
Darlington said II the court wanted authorities he
could give him four or five hundred references to
81 don't think, he went on, "there is a minister
In this city. an expert in theological matters who
Will not agree with me-"
'In other words" said Judge Smell summing up
MT Carrlngtons points. s.you mean that the leg1s-
latiye lat body, in passing that law, meant to close
II do not undertake" )" said Mr.. Darlington, .to
say what they meant. 1 take the law as it stands
He cannot," he continued, referring to the prose-
cutting officer, "shOw to your honor that Sunday
or the Sabbath day are the same. He cannot show
any law or any command In the Bible for the OBJ
Servance of Sunday"
WEBSTER THE BEST AUTHORITY
"On this point" said Judge Smell, "Webster is
the best authority" and he opened the big die
tfonary that had been laid upon his desk.
"He may be in Washington, your honor" said
Mr.. Darlington.
..Worcesisr may be authority for pronunciation"
said the judge, "but Webster Is the authority TOR
definition That Is what Mr.. Sponord says,
s'We have, " he continued, as he turned TO the
book, "tO interpret the word as 1t was used and
understood by the legislative body and the COM
munity in which that legislative body sits" He
Webster, as follows:
a "A season Of rest one day in seven appointed for
upon the Jews in the decaiosue and las BEEN coS
By sem
called also Lords day in commemoraon Of the resur
as Of and festival Observed among the i'r'el'tes
the Ss !ss of the
which the navel Gt she saSbab
with denotss aes the
TSn Snnd1y y the name Of the first day Of the week
VI ti!c Jews ~ OH S0tHT00Ds ana the SG1
first day of the week has been called "he S06bGth' to
mark 1t as holy time; Sunday is the word more COM
monty used, at present, III all parts of the United
States as 1t is in England $50 if will be the chill
keep the Christian Sdbbdthday which Is the Sunday"
Honnattes Of the English church
$50 you will see" said the judge, closing the die
tionary, that the English and American author
tiles agree. Sunday is the sabbath in Christian
communities"
"Every day OF the week, said ''Mr Padgett," is q
Sabbath In some parts OF the world"
"PerhapS "said Mr.. Carringtoh, taking some con-
ISOLATION III the thought, many lawyers will become
better acquainted with the Bible by discussing this
question" The judge thereupon imposed SEN
tence upon Mr.. Hall as In other cases, and SuS-
pended its execution for the time.
A WRIT OF HABEAs CORPUS.
Although cOnstructively in the workhouse Mr..
StandifOrd the druggist, as stated, accompanied
his counsel from the Police Court. These gentle
men at once presented petition to Judge Cox for
q writ OF habeaS corpus, on the ground that he
was unlawfully deprived OF his liberty. In the
petition 1t was set out that the law OF 1864 was
Invalid by reason OF having never been sanctioned
by the mayor; also, that in case that law was
held to be In force it had been repealed in OF
druggists by the ordinance of 1858. The writ is
sued by Judge Cox was directed to the fntendant
OF the washington Asylum, and made returnable
Defore Judge montgomery, presiding in the Cr1m1-
nal Court, forthwith. Similar action Is to be taken
In the case OF MI. Cochran, except no reference
Will be made In the petition to the exemption OF
druggists by the law of 1868.
Counsel stated to-day that they expected the
cases would come before Judge Montgomery next
Saturday n tlvnlrOht thai Judon MOnfO0u1prv